LEGISLATIVE GENERAL COUNSEL H.B. 324
6 Approved for Filing: A. Houston 6 7th Sub. (Lime)
6 02-28-24 5:02 PM 6
Senator Ann Millner proposes the following substitute bill:
1 DISABILITY SERVICES AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Steven J. Lund
5 Senate Sponsor: Ann Millner
6 Cosponsors: Steve Eliason Anthony E. Loubet
7 Cheryl K. Acton Sandra Hollins Matt MacPherson
8 Melissa G. Ballard Marsha Judkins Raymond P. Ward
9 Gay Lynn Bennion Rosemary T. Lesser Jennifer Dailey-Provost
10
11 LONG TITLE
12 General Description:
13 This bill creates the Coordinated Care Services for Children with Disabilities Grant
14 Program.
15 Highlighted Provisions:
16 This bill:
17 < defines terms;
18 < creates the Coordinated Care Services for Children with Disabilities Grant Program 7th Sub. H.B. 324
19 within the Department of Health and Human Services;
20 < creates research and reporting requirements;
21 < provides a sunset date; and
22 < makes technical and conforming changes.
23 The following appropriation is affected by a coordination clause at the end of this bill.
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24 Money Appropriated in this Bill:
25 This bill appropriates in fiscal year 2025:
26 < to Department of Health and Human Services - Integrated Health Care Services -
27 Medicaid Other Services as a one-time appropriation:
28 C from the General Fund Restricted - Medicaid Restricted Account, One-time,
29 $1,200,000
30 Other Special Clauses:
31 This bill provides a special effective date.
32 This bill provides a coordination clause.
33 Utah Code Sections Affected:
34 AMENDS:
35 63I-1-226 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
36 249, 269, 270, 275, 332, 335, 420, and 495 and repealed and reenacted by Laws of
37 Utah 2023, Chapter 329
38 63I-1-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249,
39 269, 270, 275, 310, 332, 335, 420, and 495 and repealed and reenacted by Laws of
40 Utah 2023, Chapter 329 and last amended by Coordination Clause, Laws of Utah
41 2023, Chapters 329, 332
42 63I-1-263, as last amended by Laws of Utah 2023, Chapters 33, 47, 104, 109, 139, 155,
43 212, 218, 249, 270, 448, 489, and 534
44 63J-1-602.2 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
45 33, 34, 134, 139, 180, 212, 246, 330, 345, 354, and 534
46 63J-1-602.2 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 33,
47 34, 134, 139, 180, 212, 246, 310, 330, 345, 354, and 534
48 ENACTS:
49 26B-3-143, Utah Code Annotated 1953
50
51 Be it enacted by the Legislature of the state of Utah:
52 Section 1. Section 26B-3-143 is enacted to read:
53 26B-3-143. Coordinated Care Services for Children with Disabilities Grant
54 Program.
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55 (1) As used in this section:
56 (a) "Coordinated care services" means a coordinated medical and behavioral health
57 service package that is consistent with the services provided through the traditional Medicaid
58 state plan benefit and will be provided in the home of a qualified enrollee or in a clinical
59 setting.
60 (b) "Program" means a statewide program described in Subsection (2).
61 (c) "Qualified enrollee" means an individual:
62 (i) who is less than 19 years old;
63 (ii) who is not currently served under an existing home and community-based services
64 waiver; and
65 (iii) who, because of a physical, intellectual, or developmental disability, meets the
66 level of care criteria for admission to a hospital, nursing facility, or intermediate care facility
67 and can receive such care while living at home.
68 (2) (a) There is created the Coordinated Care Services for Children with Disabilities
69 Grant Program to award one or more grants for implementation of a statewide program to
70 provide qualified enrollees with coordinated care services with the goal of enabling an
71 individual to live at home and not be placed in an institutional setting.
72 (b) The number of program participants shall be capped based on funds appropriated.
73 (c) The department shall operate the Coordinated Care Services for Children with
74 Disabilities Grant Program without federal funds under Title XIX or Title XXI of the Social
75 Security Act.
76 (d) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
77 Administrative Rulemaking Act, to implement the Coordinated Care Services for Children
78 with Disabilities Grant Program.
79 (3) The department and a grant recipient shall cooperate to research and evaluate:
80 (a) whether enrollment in the program contributed to a reduction in:
81 (i) the need for hospitalizations, emergency department visits, and other services
82 provided in an institutional setting, for qualified enrollees who received coordinated care
83 services through the program; and
84 (ii) the need for time away from work for parents of qualified enrollees;
85 (b) medical needs of qualified enrollees throughout the state;
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86 (c) financial barriers for families of qualified enrollees in accessing medical care;
87 (d) gaps in private insurance coverage for families of children with significant
88 disabilities or complex medical needs;
89 (e) services and therapies currently not accessible through an existing home and
90 community-based services waiver that may benefit qualified enrollees; and
91 (f) satisfaction of qualified enrollees and their family members with the program.
92 (4) (a) A political subdivision, institution of higher education, or not-for-profit
93 organization may submit a proposal to the department for a grant to implement a program.
94 (b) A proposal described in Subsection (4)(a) shall:
95 (i) describe the anticipated short-term and long-term benefits of providing coordinated
96 care services to qualified enrollees;
97 (ii) provide details regarding:
98 (A) how the political subdivision, institution of higher education, or not-for-profit
99 organization plans to implement a program; and
100 (B) any plan to use funding sources in addition to a grant awarded under this section
101 for the program; and
102 (iii) provide any other information the department determines necessary to evaluate the
103 proposal.
104 (5) In evaluating a proposal under Subsection (4), the department shall consider:
105 (a) how the political subdivision, institution of higher education, or not-for-profit
106 organization will ensure effective administration of a proposed program;
107 (b) the extent to which any additional funding sources described in the proposal are
108 likely to benefit the program; and
109 (c) the sustainability of the proposal.
110 (6) Before December 31, 2027, the department shall provide a written report to the
111 Health and Human Services Interim Committee regarding:
112 (a) data gathered in relation to each program for which a grant is awarded under this
113 section; and
114 (b) recommendations resulting from the research and evaluation described in
115 Subsection (3).
116 Section 2. Section 63I-1-226 (Superseded 07/01/24) is amended to read:
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117 63I-1-226 (Superseded 07/01/24). Repeal dates: Titles 26A through 26B.
118 (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is
119 repealed July 1, 2025.
120 (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
121 2024.
122 (3) Section 26B-1-319, which creates the Neuro-Rehabilitation Fund, is repealed
123 January 1, 2025.
124 (4) Section 26B-1-320, which creates the Pediatric Neuro-Rehabilitation Fund, is
125 repealed January 1, 2025.
126 (5) Subsection 26B-1-324(4), the language that states "the Behavioral Health Crisis
127 Response Commission, as defined in Section 63C-18-202," is repealed December 31, 2026.
128 (6) Subsection 26B-1-329(6), related to the Behavioral Health Crisis Response
129 Commission, is repealed December 31, 2026.
130 (7) Section 26B-1-402, related to the Rare Disease Advisory Council Grant Program, is
131 repealed July 1, 2026.
132 (8) Section 26B-1-409, which creates the Utah Digital Health Service Commission, is
133 repealed July 1, 2025.
134 (9) Section 26B-1-410, which creates the Primary Care Grant Committee, is repealed
135 July 1, 2025.
136 (10) Section 26B-1-416, which creates the Utah Children's Health Insurance Program
137 Advisory Council, is repealed July 1, 2025.
138 (11) Section 26B-1-417, which creates the Brain Injury Advisory Committee, is
139 repealed July 1, 2025.
140 (12) Section 26B-1-418, which creates the Neuro-Rehabilitation Fund and Pediatric
141 Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
142 (13) Section 26B-1-422, which creates the Early Childhood Utah Advisory Council, is
143 repealed July 1, 2029.
144 (14) Section 26B-1-428, which creates the Youth Electronic Cigarette, Marijuana, and
145 Other Drug Prevention Program, is repealed July 1, 2025.
146 (15) Section 26B-1-430, which creates the Coordinating Council for Persons with
147 Disabilities, is repealed July 1, 2027.
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148 (16) Section 26B-1-431, which creates the Forensic Mental Health Coordinating
149 Council, is repealed July 1, 2023.
150 (17) Section 26B-1-432, which creates the Newborn Hearing Screening Committee, is
151 repealed July 1, 2026.
152 (18) Section 26B-1-434, regarding the Correctional Postnatal and Early Childhood
153 Advisory Board, is repealed July 1, 2026.
154 (19) Section 26B-2-407, related to drinking water quality in child care centers, is
155 repealed July 1, 2027.
156 (20) Subsection 26B-3-107(9), which addresses reimbursement for dental hygienists, is
157 repealed July 1, 2028.
158 (21) Section 26B-3-136, which creates the Children's Health Care Coverage Program,
159 is repealed July 1, 2025.
160 (22) Section 26B-3-137, related to reimbursement for the National Diabetes Prevention
161 Program, is repealed June 30, 2027.
162 (23) Section 26B-3-143, related to the Coordinated Care Services for Children with
163 Disabilities Grant Program, is repealed July 1, 2028.
164 [(23)] (24) Subsection 26B-3-213(2), the language that states "and the Behavioral
165 Health Crisis Response Commission created in Section 63C-18-202" is repealed December 31,
166 2026.
167 [(24)] (25) Sections 26B-3-302 through 26B-3-309, regarding the Drug Utilization
168 Review Board, are repealed July 1, 2027.
169 [(25)] (26) Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July
170 1, 2024.
171 [(26)] (27) Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is
172 repealed July 1, 2024.
173 [(27)] (28) Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July
174 1, 2028.
175 [(28)] (29) Section 26B-3-910, regarding alternative eligibility, is repealed July 1,
176 2028.
177 [(29)] (30) Section 26B-4-136, related to the Volunteer Emergency Medical Service
178 Personnel Health Insurance Program, is repealed July 1, 2027.
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179 [(30)] (31) Section 26B-4-710, related to rural residency training programs, is repealed
180 July 1, 2025.
181 [(31)] (32) Subsections 26B-5-112(1) and (5), the language that states "In consultation
182 with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202,"
183 is repealed December 31, 2026.
184 [(32)] (33) Section 26B-5-112.5 is repealed December 31, 2026.
185 [(33)] (34) Section 26B-5-114, related to the Behavioral Health Receiving Center
186 Grant Program, is repealed December 31, 2026.
187 [(34)] (35) Section 26B-5-118, related to collaborative care grant programs, is repealed
188 December 31, 2024.
189 [(35)] (36) Section 26B-5-120 is repealed December 31, 2026.
190 [(36)] (37) In relation to the Utah Assertive Community Treatment Act, on July 1,
191 2024:
192 (a) Subsection 26B-5-606(2)(a)(i), the language that states "and" is repealed; and
193 (b) Subsections 26B-5-606(2)(a)(ii), 26B-5-606(2)(b), and 26B-5-606(2)(c) are
194 repealed.
195 [(37)] (38) In relation to the Behavioral Health Crisis Response Commission, on
196 December 31, 2026:
197 (a) Subsection 26B-5-609(1)(a) is repealed;
198 (b) Subsection 26B-5-609(3)(a), the language that states "With recommendations from
199 the commission," is repealed;
200 (c) Subsection 26B-5-610(1)(b) is repealed;
201 (d) Subsection 26B-5-610(2)(b), the language that states "and in consultation with the
202 commission," is repealed; and
203 (e) Subsection 26B-5-610(4), the language that states "In consultation with the
204 commission," is repealed.
205 [(38)] (39) Subsections 26B-5-611(1)(a) and (10), in relation to the Utah Substance
206 Use and Mental Health Advisory Council, are repealed January 1, 2033.
207 [(39)] (40) Section 26B-5-612, related to integrated behavioral health care grant
208 programs, is repealed December 31, 2025.
209 [(40)] (41) Subsection 26B-7-119(5), related to reports to the Legislature on the
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210 outcomes of the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
211 [(41)] (42) Section 26B-7-224, related to reports to the Legislature on violent incidents
212 and fatalities involving substance abuse, is repealed December 31, 2027.
213 [(42)] (43) Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1,
214 2024.
215 [(43)] (44) Section 26B-8-513, related to identifying overuse of non-evidence-based
216 health care, is repealed December 31, 2023.
217 Section 3. Section 63I-1-226 (Effective 07/01/24) is amended to read:
218 63I-1-226 (Effective 07/01/24). Repeal dates: Titles 26A through 26B.
219 (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is
220 repealed July 1, 2025.
221 (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
222 2024.
223 (3) Section 26B-1-319, which creates the Neuro-Rehabilitation Fund, is repealed
224 January 1, 2025.
225 (4) Section 26B-1-320, which creates the Pediatric Neuro-Rehabilitation Fund, is
226 repealed January 1, 2025.
227 (5) Subsection 26B-1-324(4), the language that states "the Behavioral Health Crisis
228 Response Commission, as defined in Section 63C-18-202," is repealed December 31, 2026.
229 (6) Subsection 26B-1-329(6), related to the Behavioral Health Crisis Response
230 Commission, is repealed December 31, 2026.
231 (7) Section 26B-1-402, related to the Rare Disease Advisory Council Grant Program, is
232 repealed July 1, 2026.
233 (8) Section 26B-1-409, which creates the Utah Digital Health Service Commission, is
234 repealed July 1, 2025.
235 (9) Section 26B-1-410, which creates the Primary Care Grant Committee, is repealed
236 July 1, 2025.
237 (10) Section 26B-1-416, which creates the Utah Children's Health Insurance Program
238 Advisory Council, is repealed July 1, 2025.
239 (11) Section 26B-1-417, which creates the Brain Injury Advisory Committee, is
240 repealed July 1, 2025.
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241 (12) Section 26B-1-418, which creates the Neuro-Rehabilitation Fund and Pediatric
242 Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
243 (13) Section 26B-1-422, which creates the Early Childhood Utah Advisory Council, is
244 repealed July 1, 2029.
245 (14) Section 26B-1-428, which creates the Youth Electronic Cigarette, Marijuana, and
246 Other Drug Prevention Program, is repealed July 1, 2025.
247 (15) Section 26B-1-430, which creates the Coordinating Council for Persons with
248 Disabilities, is repealed July 1, 2027.
249 (16) Section 26B-1-431, which creates th